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2020 Legislative Priorities

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2020 Legislative Priorities Working to end sexual violence in Maryland P.O. Box 8782 For more information contact: Silver Spring, MD 20907 Lisae C. Jordan, Esquire Phone: 301-565-2277 Fax: 301-565-3619 www.mcasa.org 2020 Legislative Priorities The Maryland Coalition Against Sexual Assault (MCASA) is a non-profit membership organization that includes all of the State’s seventeen rape crisis centers, law enforcement, mental health and health care providers, attorneys, educators, survivors of sexual violence and other concerned individuals. MCASA includes the Sexual Assault Legal Institute (SALI), a statewide legal services provider for survivors of sexual assault. MCASA represents the unified voice and combined energy of all of its members working to eliminate sexual violence in the State of Maryland. The Maryland Coalition Against Sexual Assault (MCASA) supports legislation that promotes justice for survivors of sexual violence, accountability for offenders, and protection for the general public. MCASA responds to policy questions and legislative initiatives throughout Maryland's legislative session (January-April). Marriage Should Not Be a Defense to Sex Crimes – Love is No Defense Act – SB230/HB590 Maryland allows marriage to be a defense to some sex crimes. It is time to remove this archaic law from the books. Discussion surrounding this bill were a bleak reminder that there is still much work to be done. We will be back to fight for this important legal principle next session. Lead sponsors: Delegate Charlotte Crutchfield and Senator Susan Lee. Rape Crisis Centers – Budget – Response to Budget Cuts One of MCASA’s most important duties is to advocate and monitor continued budgetary support for rape crisis centers. Local comprehensive rape crisis programs are the backbone of Maryland’s response to survivors. They provide direct services for survivors, participate in Sexual Assault Response Teams, and help educate their local communities. The Governor’s Office of Crime Control & Prevention recently announced drastic cuts in federal Victims of Crime Act (VOCA) funds and indicated grants for services would be cut. MCASA urges the General Assembly to take every action possible to ensure rape survivors continue to have the services they need. SAFE Exams – Reimbursement and Confidentiality – SB406/HB425 This bill will prevent the government from requiring that hospitals share graphic, private details of sexual assault in order to be reimbursed, and ensure that reimbursement policies are based on current science. The current policy of limiting collection of evidence to 120 hours after a rape has the potential of letting a sex offender escape prosecution because important evidence was not collected. The Maryland State Police will test cervical swabs in appropriate cases for up to 15 days after an assault; the state’s reimbursement policies should do the same. Lead sponsors: Delegate Sandy Bartlett and Senator Jeff Waldstreicher. Human Trafficking – Vacating Convictions – HB242/SB206 Current law permits a survivor of human trafficking to vacate a conviction for prostitution when the underlying activity was caused by trafficking. This fails to include many other crimes that are related to trafficking, such as loitering, indecent exposure, and drug possession. This re- introduced bill will expand the types of crimes that a human trafficking survivor can seek to vacate. Lead sponsors: Senator Susan Lee and Delegate Vanessa Atterbeary. Sexting This bill will address the recent In re: SK opinion allowing a 16 year old girl to be prosecuted for sending a picture of herself to two friends. The intent of the bill is to balance the need to prevent creation and distribution of child pornography, protect minors from being coerced into sending images of themselves, and prevent minors from being criminally prosecuted for what has become a common practice. Lead sponsors: Delegate David Moon and Senator Susan Lee. Statute of Limitations – Civil Child Sexual Abuse This bill will expand or eliminate the statute of limitations in civil suits based on child sexual abuse. Lead sponsor: Delegate CT Wilson. Family Law Services for Sustained Safety Fund – HB170/SB_ This bill will require the State to devote an additional $3 million of Victims of Crime Act (VOCA) funding for legal services in custody and divorce cases for victims of domestic violence, sexual assault, and child abuse. Lead sponsors: Delegate Brooke Lierman and Senator Charles Sydnor. Workplace Violence – Peace Orders – HB126 This bill will give employers the ability to seek a peace order on behalf of an employee. MCASA worked with our strong ally, the Women’s Law Center of Maryland, and helped develop language to ensure employees will not face retaliation if they refused to participate in the proceedings. Lead Sponsor: Delegate Vanessa Atterbeary. Protective Orders - Relief Eligibility - Rape and Sexual Offenses – HB248/SB210 This intent of this bill is to ensure that survivors of rape and sexual assault receive the same level of legal attention as survivors of domestic violence. This bill would move rape and sexual assault out of the peace order statute and ensure that survivors receive the more robust response of a protective order. Lead sponsor: Delegate Vanessa Atterbeary and Senator Jeff Waldstreicher. Criminal Law - Assault in the First Degree - Suffocation or Strangulation – HB233/SB212 This bill will ensure strangulation and suffocation are treated as felonies. Lead sponsors: Delegate Jesse Pippy and Senator Susan Lee. Sodomy – Repeal – HB081/SB_ Repeal archaic statutory provisions criminalizing consensual sexual activities. Historically these types of statutes were used to prosecute members of the LGBT+ community. Lead sponsors: Delegate David Moon and Senator Clarence Lam. Sexual Solicitation of a Minor – HB246/SB231 Amending Maryland’s current law to permit prosecution when someone solicits sex from a minor through a third party, such as by asking the child’s parent. Lead sponsors: Senator Susan Lee and Delegate Jesse Pippy. Visit mcasa.org and sign up for Legislative E-lerts .
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